Catalyst for Achievement’s Terms and Conditions

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Catalyst for Achievement, Inc. ("the Organization" "we," "us") provides this web site which includes www.catalystforachievement.organd all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the Organization and you, the Site visitor and/or member ("you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site. Please also read the Organization's Privacy Policy.

WE RESERVE THE RIGHT AT ANY TIME TO:

Change the terms and conditions of this Agreement.

Change the Site, including eliminating or discontinuing any content on or feature of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or electronic mail. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. Application Form and Related Materials

The Catalyst for Achievement forms and other information, forms and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about Catalyst for Achievement, Inc. and the Site itself. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of the Organization or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of these terms and conditions, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized and, in any event, you may not distribute, modify, transmit or publicly display the Materials except as indicated in writing by the Organization, its licensors or suppliers.

2. Application Submissions

When and if you submit a Catalyst Application or Volunteer Application, you agree to:

You acknowledge that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current, incomplete, or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of the Site and/or disclose to our members what other members you had applied to consistent with the terms of our Privacy Policy.

3. Code of Conduct

Restrict or inhibit any other visitor, user or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site.

Use the Site or Materials for any unlawful purpose.

Use the Site or Materials to engage in any act of fraud, misrepresentation or other unethical behavior.

Create more than one Catalyst Application or more than one Volunteer Application, while applying on the Site.

Express or imply that any statements you make are endorsed by us, without our prior written consent.

Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, nonpublic information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).

Engage in spamming or flooding.

Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.

Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Materials.

Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials.

"Frame" or "mirror" any part of the Site without our prior written authorization.

Link to any page of or content on the Site other than the URL located at www.catalystforachievement.org.

Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

Harvest or collect information about Site visitors or members without their express consent.

While using the Site or Materials, you agree to comply with all applicable laws, rules and regulations.

4. Submissions and Postings

By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

5. Catalyst Scholarship Awardee Obligations

Catalyst Scholarship awardees are required to dedicate one of his or her application fee waivers in place of the actual scholarship award in the event that awardee is eligible for the Federal Free or Reduced Lunch program. Awardees will still benefit from enrollment in the Hand-in-Hand Initiative and may be receive the scholarship award if the awardee's situation and/or circumstance warrants exclusion from this requirement.

Catalyst Scholarship awardees are required to treat staff with respect, and to provide truthful and accurate information at all times. If an awardee is at any time disrespectful or dishonest, he or she may be dis-enrolled from the Hand-in-Hand Initiative and forfeit the Catalyst Scholarship award.

6. Links to Other Sites

The Site may contain links to other Internet websites, including affiliated websites which may or may not be owned or operated by the Organization. The Organization has not reviewed all of the web sites that are or may be linked to the Site, and the Organization has no control over such sites. Unless otherwise explicitly stated, the Organization is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Organization offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Organization is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

7. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Organization infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Organization to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by the Organization against you, the DMCA permits you to send the Organization a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 650 INNES ST NE , GRAND RAPIDS, MI 49503. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

8. Ownership and Restrictions on Us

The Site is owned and operated by the Organization in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of the Organization or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof may be protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by the Organization or, if so indicated in writing by the Organization, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site such as Catalyst for Achievement, Catalyst Scholarship, and Hand-in-Hand Initiative among others (collectively the "Trademarks") are the registered or unregistered trademarks of the Organization. The Trademarks owned by the Organization, whether registered or unregistered, may not be used in connection with any product or service that is not the Organization's, in any manner that is likely to cause confusion with students, parents, educators, or in any manner that disparages the Organization. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Organization or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Organization will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

9. Jurisdictional Issues

Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. We also reserve the right in our sole discretion to remove any high school as a member of Catalyst for Achievement without further or special notice.

10. Termination

This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

11. Disclaimers

The Site, the Materials on the Site, any scholarship or service obtained through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the Organization and its affiliates, licensors, suppliers, sponsors, and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The Organization and its affiliates, licensors, suppliers, sponsors, and agents do not warrant that your use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed to access and use this Site, and all charges related thereto. You assume all responsibility and risk for your use of the Site and your reliance thereon. No opinion, advice, or statement of the Organization or its affiliates, licensors, suppliers, sponsors, agents, members, or visitors, whether made on the Site shall create any warranty. Your use of the Site and any Materials provided through the Site are entirely at your own risk.

A possibility exists that the Site or Materials could include inaccuracies or errors, or information or materials that violate these Terms and Conditions (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on Claims of Copyright Infringement above.

12. Limitation of Liability

Neither the Organization nor any of our affiliates, licensors, suppliers, or sponsors, nor our or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for the acts or omissions of any applicant, student counselor, high school, nor the use or misuse by any applicant, student counselor, high school of any personal information collected online and accessed by any applicant, student counselor, high school , nor for any delay, rejection or other outcome resulting from the application process of any college or university, nor for any particular student candidate's application, admission, or acceptance status with any college or university, nor for any indirect incidental, consequential, special, exemplary, punitive, or other damages (including without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability, or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site or any linked website. Your sole remedy for dissatisfaction with the Site, Materials, or any linked website is to stop using the Site, Materials, or any linked website, as applicable. The sole and exclusive maximum liability to the Organization for all damages, losses, and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise, shall be the total amount paid by you, if any, to access the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13. Questions

The Site is provided by Catalyst for Achievement, Inc. through its service provider. If you have any questions, comments, or complaints regarding this Agreement or the Site, please contact us via electronic mail at contact@catalystforachievement.orgor traditional mail at 24765 TERRA DEL MAR DRIVE, NOVI, MI 48374.

14. Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the People of Michigan, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Macomb, Michigan, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with the Organization's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.